The URL can be used to link to this page

Home My WebLink About08-5317ADAM LEE and JASMINKA LEE, Plaintiffs V. NATIONWIDE MUTUAL INSURANCE COMPANY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. p8 - 53(7 ?lvi 17e v CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 800-990-9108 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a [as medidas y pueda entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. Sl NO TIENE A_GOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA OR LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 800-990-9108 Anthony T. McBeth, Esq. 407 North Front St., First Floor Harrisburg, PA 17101 (717) 238-3686 Attorney for Plaintiff ADAM LEE and JASMINKA LEE, : IN THE COURT OF COMMON PLEAS OF Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA V. NATIONWIDE MUTUAL INSURANCE : NO 6KI 531 c7 ?? COMPANY, : CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs are adult individuals, married to each other and residing at 1620 Mendenhall Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is an insurance company with facilities located throughout Pennsylvania and insuring many Pennsylvania persons and entities, including auto insurance. 3. Defendant's principle place of business is located at One Nationwide Plaza, Columbus, Ohio 43215-2220. 4. At all times material to the captioned action, Defendant insured Plaintiffs' automobiles under Defendants' policy number 58 37 D 784091. 5. In August, 2007, Plaintiff bought a 1995 Audi automobile, which became one of the automobiles insured under the policy described above. 6. On a Saturday, on or about August 25, 2007, Plaintiff Adam Lee phoned a toll-free telephone number to arrange coverage for the Audi; during that telephone call, Mr. Lee requested full coverage of all types because the 1995 Audi was collateral for a loan (the purpose of the loan being the purchase of the Audi) from the Pennsylvania State Employees Credit Union. 7. In February, 2008, the Plaintiffs' daughter experienced a collision with a deer, while driving the 1995 Audi. 8. After the accident, upon attempting to invoke the collision coverage that Plaintiffs believe they had on the 1995 Audi, Defendant Nationwide informed Plaintiffs that collision coverage was not available and that Nationwide would not be paying any claim connected with it. 9. Nationwide has represented to various parties, including Plaintiffs and the Pennsylvania Insurance Department, that a recording of Mr. Lee's telephone call to Nationwide in which he sought the coverage exists, yet Nationwide has arbitrarily refused to make the tape recording available. 10. Costs to repair the automobile have been estimated at $4,001.21. A copy of an estimate from LB Smith Ford, Inc., reflecting that estimate, is attached hereto, marked Exhibit A and incorporated herein by reference. COUNT I -NEGLIGENCE 11. The facts set forth in paragraphs one through eight are incorporated herein by reference. 2 12. Defendant Nationwide owed Plaintiffs a duty to properly place the coverage that Plaintiffs requested, including collision and comprehensive coverage. 13. Defendant Nationwide breached that duty by failing to place the coverage as requested, and by not providing a declaration sheet showing the coverages that Nationwide did place, until February, 2008. 14. As a direct result of Defendant Nationwide's negligence in failing to place the proper coverage, Plaintiffs either have expended or will be required to expend the sum articulated above for repair of the automobile, a sum that they would not have to expend from their own funds had Nationwide properly placed coverage. WHEREFORE, Plaintiffs request this Honorable Court to enter judgment in their favor and against Defendant for an amount not in excess of $50,000.00, together with interest, the costs of this action and any other relief the Court deems appropriate. COUNT II - BREACH OF CONTRACT 15. The facts set forth in paragraphs one through eleven are incorporated herein by reference. 16. Plaintiffs believe and therefore aver that a contract was formed when Mr. Lee requested coverage in August, 2007, wherein Mr. Lee requested certain coverages, was quoted a premium for those coverages and coverage was immediately placed in force. 17. After the initial request, the Plaintiffs have paid to Nationwide all premiums as billed. 18. Plaintiffs believe and therefore aver that Nationwide breached the contract of insurance between the parties in that Plaintiffs specifically requested collision and 3 comprehensive coverage for the Audi automobile, but Nationwide had failed to provide such coverage. 19. Plaintiffs have been damaged as a direct result of Nationwide's substantial breach of the insurance contract as described herein in that they either have expended or will be required to expend sums necessary to fix the Audi automobile, an amount believed to be $4,001.21. WHEREFORE, Plaintiffs request this Honorable Court to enter judgment in their favor and against Defendant for an amount not in excess of $50,000.00, together with interest, the costs of this action and any other auv Date the Court deems Anthony T. M -th, Esq.- Attorney for lai ills 407 North F t., First Floor Harrisburg, PA 17101 (717) 238-3686 Supreme Court I.D. # 53729 4 05/09/2008 AT 07:45 AM 33089 JOB NUMBER: L B SMITH FORD INC. FEDERAL ID #:251601197 THE HOUSE THAT SERVICE BUILT 12TH & MARKET ST P.O. BOX #138 LEMOYNE, PA 17043-0606 (717)761-6700X3216 FAX: (717)761-6829 PRELIMINARY ESTIMATE WRITTEN BY: PAUL GEIGER #136712 ADJUSTER: INSURED: ELENA JASIC OWNER: ELENA JASIC ADDRESS: 1620 MENDENHALL DR MECHANICSBURG, PA 17050 EVENING: (717)975-2036 CELLULAR: (717)712-8150 CLAIM # POLICY # DEDUCTIBLE: DATE OF LOSS: TYPE OF LOSS: POINT OF IMPACT: 16. NON-COLLISION INSPECT L B SMITH FORD INC. LOCATION: 12TH & MARKET ST P.O. BOX #138 LEMOYNE, PA 17043-0606 INSURANCE COMPANY: BUSINESS: (717)761-6700X3216 5 DAYS TO REPAIR 1995 AUDI A6 6-Z.8L-FI 4D SED BLACK INT: VIN: WAUFA84A6SN111339 LI C: GVK9488 PA PROD DATE: 05/1995 ODOMETER: 106232 AIR CONDITIONING REAR DEFOGGER TILT WHEEL CRUISE CONTROL TELESCOPIC WHEEL INTERMITTENT WIPERS CLIMATE CONTROL THEFT DETERRENT/ALARM BODY SIDE MOLDINGS DUAL MIRRORS CONSOLE/STORAGE ELECTRIC STEEL SUNROOF FOG LAMPS CLEAR COAT PAINT POWER STEERING POWER BRAKES POWER WINDOWS POWER LOCKS POWER DRIVER SEAT POWER MIRRORS POWER TRUNK/TAILGATE AM RADIO FM RADIO STEREO CASSETTE SEARCH/SEEK ANTI-LOCK BRAKES (4) DRIVER AIR BAG PASSENGER AIR BAG 4 WHEEL DISC BRAKES CLOTH SEATS BUCKET SEATS RECLINE/LOUNGE SEATS AUTOMATIC TRANSMISSION OVERDRIVE -- ALUMINUM/ALLOY WHEELS ---------------------------- ------------------------- NO. OP. ---------------------- DESCRIPTION -- -- QTY ---- EXT. PRICE LABOR PAINT ---------------------------- ------------- ------------ 1 FRONT -------------------- BUMPER 2 REPL BUMPER COVER W/O S6 1 1224.38 2.0 2.5 3 ADD FOR CLEAR COAT 1.0 4 REPL RT HOLE COVER FOG LAMP 1 23.83 INCL. 5 REPL LT HOLE COVER FOG LAMP 1 23.83 INCL. 6 REPL BUMPER GRILLE 1 120.57 INCL. 7 FRONT LAMPS 8 REPL RT LENS & HOUSING 1 88.45 0.5 1 4A li 05/09/2008 AT 07:45 AM 33089 JOB NUMBER: PRELIMINARY ESTIMATE 1995 AUDI A6 6-2.8L-Fl 4D SED BLACK INT: --------- NO. -------- OP. -- DESCRIPTION ---- QTY ---- EXT. PRICE LABOR PAINT ---------------------------- --------- 9 -------- REPL -------------------------- LT LENS & HOUSING 1 88.45 INCL. 10 REPL RT BULB 1 3.12 11 REPL LT BULB 1 3.12 12 HOOD & GRILLE 13 REPL HOOD 1 511.78 1.5 3.5 14 ADD FOR CLEAR COAT 1.4 15 ADD FOR UNDERSIDE(COMPLETE) 1.8 16 ADD FOR CLEAR COAT 0.4 17 REPL GRILLE 1 135.58 INCL. 18 REPL ORNAMENT 1 23.00 INCL. 19 FENDER 20 REPL LT FENDER W/0 S4, S6 1 276.62 3.0 2.5 21 OVERLAP MAJOR ADJ. PANEL -0.4 22 ADD FOR CLEAR COAT 0.4 Z3 ADD FOR EDGING 0.5 24 ADD FOR CLEAR COAT 0.1 25 DEDUCT FOR OVERLAP -0.5 26 R&I LT BODY SIDE MLDG ALL 0.2 Z7 R&I LT COVER MOLDING W/O S4, S6 0.5 28# REPL COVER VEHICLE FOR OVERSPRAY 1 5.00 T 0.2 Z9# HAZARDOUS WASTE REMOVAL 1 --- 3.50 --------- T ------------ ------- --------- -------- ------------------------------ SUBTOTALS => - 2531.23 7.4 13.7 PARTS 2522.73 BODY LABOR 7 .4 HRS @S 44.00/HR 325.60 PAINT LABOR 13 .7 HRS @S 44.00/HR 602.80 PAINT SUPPLIES 13 .7 HRS @S 23.00/HR 315.10 SUBLET/MISC. - ------ 8.50 -------- -------------------- SUBTOTAL ---- ------- - ----- S 3774.73 SALES TAX S 3774.73 @ 6.0000% 226.48 GRAND TOTAL S 4001.21 2 VERIFICATION I, Anthony T. McBeth, am attorney for the Plaintiffs in the captioned action. I am verifying the attached document for the Plaintiffs in that they are outside the jurisdiction of this Court and their verification cannot be obtained by the time this Complaint needs to be filed. I verify that the facts set forth in the attached document are true and correct to the best of my knowledge, information and belief. I so state subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities). O -o ?o ? n ? o 0 ? pp 00 .0 _ CIO ` ? N .a • e ADAM LEE and JASMINKA LEE, Plaintiffs V. NATIONWIDE MUTUAL INSURANCE COMPANY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5317-Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE PURSUANT TO PA. R. CIV. P. 405 I, Anthony T. McBeth, Esq., attorney for the Plaintiffs in the captioned action, hereby swear that I have served the Complaint upon the Defendant in the captioned action by mailing a certified copy of same to it addressed as follows: Nationwide Mutual Insurance Company, One Nationwide Plaza, Columbus, OH 43215-2220. Said mailing was by first class mail, postage prepaid, certified, return receipt requested. Said mailing was effected on September 10, 2008. The return receipt, purportedly bearing the signature of an agent of Defendant Nationwide Mutual Insurance Company and showing a delivery date of September 15, 2008, is attached hereto, marked Exhibit "A" and incorporated herein by reference. A Al"...' i j,.-4og M4 16 ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the meilpiece, or on the front If space permits. ala ic le Addressed to: MLL &SUr"oe CA PAY 1'?I4 gal Will Qa LL mW -Si 0 4'32Y5_ aa,a, 0 A B. Received by (Prfrrted Narrrj) I C. Date of Delivery D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: ? No SEP 15 2008 3 "I ? Express Mail ? Registered ? Retum Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7001 1940 0001 2160 6998 - (Transfer from service kW Ps Form 3611, February 2004 Domestic Retum Receipt 101595-02_M_1540 ; ---- ---- ---- i EXHIBIT "A" 1 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN q?-il Sworn and subscribed before me this day 2008. I--.. JT44?4 -he-,4? Ry - SEAL) 40TAWRY PUBLIC COMMONWEALTH OF PENN3 My commissions expires: NotadalSeW MWIM S. Myers, Notary Public CRy Of HaffWx g, Da#gn Courgy My Corrrnssion E*km June 11, 2011 Membw. Pennsylvania Assoclatlon of Noleflei r'.? .? ?? ??? '? r,,,, _, C"?'f?? (? ?? ? r r r,, ? l;'> " : .? 1? ^'4: 08-016879 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANT, NATIONWIDE MUTUAL INSURANCE COMPANY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Adam Lee and Jasminka Lee, Plaintiffs vs. Nationwide Mutual Insurance Company, Defendant No.: 08-5317 Civil Term TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Defendant, Nationwide Mutual Insurance Company, in the above-captioned matter. Date: September 30, 2008 Respectfully submitted, LAW OFFICE OF SNYDER & DORER JoAnne - inzel, squire Snyder & orer 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Court I.D. 55453 Attorney for Defendant D8-016879 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANT, NATIONWIDE MUTUAL INSURANCE COMPANY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Adam Lee and Jasminka Lee, ase No.: 08-5317 Civil Term Plaintiffs Vs. Nationwide Mutual Insurance Company, URY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE JoAnne E. Kinzel, Esquire, hereby certifies that she is the attorney for the Defendant herein, and that she caused a true and correct copy of the attached Entry of Appearance to be served by regular first class mail upon: Anthony T. McBeth, Esquire 407 North Front Street Cameron Mansion Harrisburg, PA 17101 Date: September 30, 2008 JoAmV E. Kinzel, Esquire Attorney for Defendant C :h r.:? ?.. ` -s f ....? ?; ; -r, . ? , ,•- _ v ," `fl. ..y,? :_" k`.. Wok^F •F_ ...,,. r.n1,F. .. _ l Y ''??.ANRl 1 i 1 f r r 08-016879 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANT, NATIONWIDE MUTUAL INSURANCE COMPANY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Adam Lee and Jasminka Lee, Case No.: 08-5317 Civil Term Plaintiffs vs. Nationwide Mutual Insurance Company, URY TRIAL DEMANDED Defendant ANSWER OF DEFENDANT TO PLAINTIFFS' COMPLAINT AND NOW comes the Defendant, Nationwide Mutual Insurance Company, by its attorney, JoAnne E. Kinzel, Esquire, and sets forth the following Answer to the Plaintiffs' Complaint: 1. Upon information and belief, paragraph 1 of the Complaint is admitted. 2.-3. Paragraphs 2 and 3 of the Complaint are admitted. 4. Paragraph 4 of the Complaint is admitted with the clarification that Plaintiffs' I automobiles were insured according to the coverages requested by Plaintiffs. (A certified copy I of the policy is attached hereto as Exhibit "A".) 5. Paragraph 5 of the Complaint is admitted with the clarification that the 1995 Audi I was insured under the policy in accordance with the coverages requested by Plaintiffs. (See Exhibit "A".) 6. The allegations in paragraph 6 of the Complaint are specifically denied as stated. On the contrary, Plaintiff did not request "full coverage of all types" as reflected in the certified policy which is attached hereto as Exhibit "A". After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations in paragraph 6 of the Complaint. Therefore, they are denied and strict proof is demanded. 7. Paragraph 7 of the Complaint is admitted to the extent that Plaintiff reported to Nationwide that the 1995 Audi had been involved in an accident with a deer. 8. Paragraph 8 of the Complaint is admitted to the extent that Plaintiff sought coverage under this Nationwide policy for the damage to his vehicle caused by the accident with the deer. It is further admitted that Plaintiff was advised by Nationwide that he did not have coverage on the 1995 Audi for this accident in accordance with his instructions when the vehicle was added to the policy. After reasonable investigation, Nationwide is without knowledge or information sufficient to form a belief as to the truth of the allegations concerning Plaintiffs' beliefs about their insurance coverage. 9. Paragraph 9 of the Complaint is admitted to the extent that Nationwide informed Plaintiff that it has the recording of Plaintiff's telephone call pursuant to which he requested coverage for the subject vehicle. The remaining allegations in paragraph 9 of the Complaint are specifically denied. 10. Paragraph 10 of the Complaint is admitted to the extent that a repair estimate frorr. L.B. Smith Ford was attached to Plaintiffs' Complaint. COUNT I - NEGLIGENCE 11. In response to paragraph 11 of the Complaint, Defendant incorporates herein by reference paragraphs 1 through 10 above as though set forth at length. 12. In response to paragraph 12 of the Complaint, Nationwide responds that it properly placed the coverage's requested by Plaintiffs and specifically denies that Plaintiff requested collision or comprehensive coverage on the vehicle in question. 13. The allegations in paragraph 13 of the Complaint are specifically denied. On the contrary, Nationwide provided Plaintiff with the coverages they requested for the 1995 Audi, which does not include coverage for collision or comprehensive losses. 14. The allegations in paragraph 14 of the Complaint that Nationwide was negligent or that Nationwide failed to provide the coverages requested by Plaintiff are specifically denied. On the contrary, Nationwide provided all coverages requested by the Plaintiff. WHEREFORE, Plaintiffs' Complaint should be dismissed with costs in this Defendant's behalf sustained. COUNT II - BREACH OF CONTRACT 15. In response to paragraph 15 of the Complaint, Defendant incorporates herein by reference paragraphs 1 through 14 above as though set forth at length. 16. Paragraph 16 of the Complaint states conclusions of law to which no response is required. To the extent a response is deemed necessary, Nationwide admits that an insurance policy for the 1995 Audi was in force at the time of the subject accident with deer. However, at Plaintiff's direction, the policy did not have comprehensive or collision coverage. 17. Paragraph 17 of the Complaint is admitted to the extent that Plaintiff's have paid the premiums billed by Nationwide for the coverages provided. 18. The allegations in paragraph 18 are specifically denied. On the contrary, Nationwide has fulfilled its contractual obligations to the Plaintiffs and specifically denies that the Plaintiffs requested collision and/or comprehensive coverage for the 1995 Audi. On the contrary, at Plaintiffs' direction, said coverages were not included on the policy. 19. The allegations in paragraph 19 of the Complaint are specifically denied. On the contrary, any injuries or damages allegedly suffered by the Plaintiffs were the result of their own personal choice and not to include comprehensive and collision coverage on their automobile policy for the 1995 Audi. WHEREFORE, Plaintiffs' Complaint should be dismissed with costs in this Defendant's behalf sustained. NEW MATTER 20. The Plaintiffs specifically directed Nationwide to provide limited coverage for 1995 Audi, which did not include comprehensive or collision coverage. Accordingly, they are not entitled to payments under these coverages. WHEREFORE, Plaintiffs' Complaint should be dismissed with costs in this Defendant's behalf sustained. Respectfully submitted, LAW.,OnICE OF SNYDER & DORER By: E. Kinzel, Esquire ration No. 55453 y for Defendant Date: October 9, 2008 1. I am a duly authorized representative of Nationwide Mutual Insurance Company. 2. I have reviewed the records for Nationwide Insurance Co. of America, policy number 58 37 D 784 091, issued to Jasmimka Lee. 3. To the best of my knowledge and belief, the attached document is a true and accurate copy of the Nationwide Insurance Co. of America policy in effect on February 29, 2008 for Jasmimka Lee. Signature and Date RECEIVED z 4-w LEGAL DEPAR T NIENT NATIONWIDE AUTO POLICY DECLARATIONS 02 These Declardlons are a part of the policy Page 01 of They supersede any Declarationissued earlier. Your rp policy above pprovand ides the ? coverages and limits shown below. ththee scheduled coverages. They apps to each Insured vehicle as Indicated. Your policy complies with the motorists financial nlsponsibAlt)r- laws of your state only for vehicles for which Property Damage and Bodily Injury Liability coverages are provkied. Policy Number: (Named ltotder 58 37 D 784091 Insured) Issued: OCT 30, 2007 JASMIMKA LEE 1620 ME DENHALL DR MECHANI(SBURG, PA 17050-8354 Policy Period From: SEP 19, 2007 to MAR 01, 2008 but only N the required premium for thfs?erlod has been paid and only for sbc month reneNVal perbds renewal premiums have been paid as required. is policy M inklegy effecxMs at (1) the time the application for Insurance Is completed, or (2) 12:01 am. on the first day d the policy period, whichever is later. Each renewal period begins and ends at 12:01 a.m. standard time at the address of the named Insured stated herein. This policy cancels at 12:01 a.m. at the address of the named insured stated herein. IMPORTANT MESSAGES: C ? ® OF 1 YYOOUR POLICY i ? AUG T5M007 BdCL I S A CURR INSURED VEHICLE(S) & SCHEDULE OF COVERAGES 1. 2001 OLDS ALERO GX ID #1Q NK52T41C175906 Coverages Limit Of Liabipty Six Month Premium COMPREHENSIVE AND 1 500 IN CUSTOMIZATION ACTUAL CASH VALUE LESS $ 50 $ 43.20 COLLISION AND $ 1 5pp IN CU§T MIZ ACTUAL CASH VALUE LESS $ 500 $ 150.30 ATION O PROPERTY DAMAGE LIABILITY BODILY INJURY LIABILITY 50,000 EACH OCCURRENCE 100,000 EACH PERSON 3 00 00 OCCURRENCE 0 EACH $ 102.60 UNINSURED MOTORISTS-BODILY INJURY ) (51000 E C $ 86.10 A H PERSON UNDERINSURED MOTORISTS-BODILY INJURY (STA°tE*ffl?° EACH OCCURRENCE $ 7.10 100,00 EACH P :GM FIRST PARTY BENEFITS R 300,000 $ 48,70 OPTION 1-MEDICAL BENEFIT LIMITED TORT $ 51000 $ 33.20 TOTAL $ 471.20 LIEPHOLDER-MILT BANK LIEN EXPIRES ON SEP 30, 2010 2 1992 HOND ACCORD L ID #1 HGCB7554NA079633 Six Month Coverages Limit Of Liability Premlum PROPERTY DAMAGE LIABILITY 50,000 EACH CCURRENCE $ 99.10 BODILY INJURY LIABILITY 100,000 EACH PERSON $ 75.00 UNINSURED MOTORISTS-BODILY INJURY (STMK®0 EACH OCCURRENCE 100,000 EACH OW UNDERINSURED MOTORISTS-BODILY INJURY (STACKED) EACH 'cIENCE $ 7.10 100,000 EACH PERSON FIRST PARTY BENEFITS 300,000 EACH OCCURRENCE $ 48.70 OPTION 1-MEDICAL BENEFIT $ 51000 $ 32.80 L I M I TED TORT TOTAL $ 262.70 V-100-A Page 02 of 02 3. 1995 AUDI AS Coverages PROPERTY DAMAGE LIABILITY BODILY INJURY LIABILITY UNINSURED MOTORISTS-BODILY INJURY UNDERINSURED MOTORISTS-BODILY INJURY F 1 RST PARTY BENEFITS OPTION 1-MEDICAL BENEFIT LIMITED TORT ID #WAUFA84ASSN111339 Limits Of Liability 50,000 ES OCCLFF434CE 100,000 PERSON 300,000 EACH OCCURRENCE (STACKED) p?? 100 , 000 gZAM OCCURRENCE 300,000 6N (STACKED)0 EACH HO O 300,000 EACH $ 5,000 Sic Month Premium $ 99.10 $ 75.70 $ 7.10 $ 48.70 $ 28.60 TOTAL $ 259.20 LISTED DRIVERS: # Na me Dane status mwft I 01 JASMIMKA LEE 11117/65 MARRIED 02 ADAM LEE 09/22/78 MARRIED 03 ELENA JASIC 09/15/88 SINGLE APPLIED DISCOUNTS: PASSIVE RESTRAINT SAFE DRIVER ACCIDENT FREE ANTI THEFT DEVICE MULTI CAR MULTI LINE Policy Form & Endorsements: V037B 3272 3329 AjII- 7 SEP 24, 2007 $ 57.90 issued Sr. NAT I ONWI DE I NSURANCE COMPANY OF AMER I CA 25453 Home Office - Columbus, Ohio Countersigned At: HARR ISBURG, PA. By: KEITH J ZE IGER IMPORTANT PHONE NUMBERS Nationwkfe 244Hour Claims Number: 1--8900.421-3536 For QUESTIONS About Your Policy, Call Your NATIONWIDE AGENT : KEITH J ZEIGER 717 783-1882 For Hearing Impaired: TTY 1400-M-2421 Natbnwkle Regional Office: 800-796-7783 Table Of Contents Page INSURING AGREEMENT .................. D1 DEFINITIONS ..........................................................D1 TERRITORY ............................................................D2 COVERAGES: Physical Damage ............................................. P1-P6 (damage to your auto) Comprehensive Collision Towing and Labor Auto Liability ..................................................L1-L5 (for damage or injury to others caused by your auto) Property Damage and Bodily Injury First Party Benefits ............................................ F1-F5 Uninsured Motorists ........................................... U1-U4 (for bodily injury caused by uninsured motorists) Underinsured Motorists ....................................... U11-U14 (for bodily Injury caused by underinsured motorists) GENERAL POLICY CONDITIONS Insured Persons' Duties After an Accident or Loss ..................................G1 How Your Policy May Be Changed ............................................G1 Optional Payment of Premium in Installments ..................................... G1 Renewal/Non-Renewal .. ....................................................G1 Cancellation During Policy Period .............................................. G2 Dividends ................................................................G2 If You Become Bankrupt .....................................................G2 Unauthorized Use of Other Motor Vehicles ....................................... G2 Fraud and Misrepresentation ................................................. G3 Legal Action Limitations .....................................................G3 Subrogation ..............................................................G3 Non-Sufficient Funds .......................................................G3 Unlicensed Drivers .........................................................G4 MUTUAL POLICY CONDITIONS Nationwide Mutual Insurance Company Nationwide Mutual Fire Insurance Company ..................................... G4 V-037-B Nationwide Auto Policy Insuring Agreement For the policyholder's payment of premiums and fees in amounts we require and subject to all of the terms and conditions of this policy, we agree to provide the coverages the policyholder has selected. These selections are shown in the enclosed Declarations, which are a part of this policy contract. The selected coverages in this policy apply only to occurrences while this policy is in force. Renewal premiums for terms of six months each must be paid in advance. De fi'nitions This policy uses certain common words for easy reading. They are defined as follows: 1. "POLICYHOLDER" means the first person named in the Declarations. The policyholder is the named insured under this policy but does not include the policyholder's spouse. If the first named insured is an organization, that organization is the policyholder. 2. "YOU" and "YOUR" mean: a) the policyholder and spouse, if resident of the same household, when the policyholder is a person; or b) the sole proprietor or majority shareholder of an organization, or general partner of a family limited partnership, as shown in the Declarations, and spouse, if resident of the same household, when the policyholder is an organization. 3. "RELATIVE" means one who regularly lives in your household and who is related to you by blood, marriage or adoption (including a ward or foster child). A relative may live temporarily outside your household. 4. "INSURED" means one who is described as entitled to protection under each coverage. 5. "WE," "US," "OUR," and "THE COMPANY" mean or refer to the company issuing the policy--Nationwide Mutual Insurance Company, Nationwide Mutual Fire Insurance Company, Nationwide Property and Casualty Insurance Company, Nationwide General Insurance Company, or Nationwide Insurance Company of America. 6. "YOUR AUTO" means the vehide(s) described in the Declarations. 7. "MOTOR VEHICLE" means a land motor vehicle designed primarily to be driven on public roads. This does not include vehicles operated on rails or crawler treads. Other motorized vehicles designed for use mainly off public roads shall be included within the definition of motor vehicle when used on public roads. 8. "PRIVATE PASSENGER AUTO" means a four-wheel: a) private passenger auto; b) van; or c) pickup truck having either four or six wheels. 9. "DEDUCTIBLE" means the amount of loss to be paid by the insured. We pay for covered loss above the deductible amount shown in the Declarations. 10. "OCCUPYING" means In, upon, entering, or alighting from. 11. "BODILY INJURY" means: a) physical injury; b) sickness; c) disease; or d) resultant death; of any person which results directly from a motor vehicle accident. 12. "PROPERTY DAMAGE" means: a) destruction of tangible property; D1 lVationwide Auto Policy b) damage or injury to it; and c) loss of its use. 13. "NON-ECONOMIC LOSS" means pain and suffering and other non-monetary detriment. 14. "BIOLOGICAL DETERIORATION OR DAMAGE" meaning damage or decomposition, breakdown, and/or decay of manmade or natural material due to the presence of fungi, algae, lichens, slime, mold, bacteria, wet or dry rot and any by-products of these organisms, however produced. Fungi as used above include, but are not limited to: yeasts, mold, mildew, rust, smuts, or fleshy fungi such as mushrooms, puffballs and coral fungi. Other words are also defined. All defined words are in bold print. Territory The policy applies In Canada, the United States of America and its territories or possessions, or between their ports. All coverages except Uninsured Motorists and Underinsured Motorists apply to occurrences in Mexico, if within 50 miles of the United States boundary. We will base the amount of any Comprehensive or Collision loss in Mexico on cost at the nearest United States point. This policy does not apply In any territory except as stated in this provision. NOTE: You will need to buy auto insurance from a Mexican Insurance company--regardless of coverage provided by this polcy--before drMng in Mexico. Otherwise, you may be subject to jail detention, auto impoundment, and other legal complications in case of an accident. D2 Physical Damage (damage to your auto) ADDITIONAL DEFINITIONS APPLICABLE TO THESE COVERAGES For purposes of these coverages only: 1. "LOSS" means direct and accidental loss or damage to your auto. Your auto Includes Its equipment. 2. "EQUIPMENT" means anything usual and incidental to the use of a motor vehicle as a motor vehicle. Any type of trailer is not equipment. Coverage Agreements COMPREHENSIVE COVERAGE 1. We will pay for loss to your auto not caused by collision or upset. We will pay for the loss less your deductible. Coverage is included for. a) damage from contact with: (1) animals; or (2) falling or flying objects. b) broken glass: (1) even if caused by collision or upset; and (2) If you do not have Collision coverage. If your Comprehensive and Collision coverages have different deductibles, the smaller deductible will apply to broken glass. For damage to your auto's windshield, we may offer to have it repaired in lieu of replacement. We will not apply a deductible for the repair of the windshield. However, if the repair is not satisfactory, we will replace the windshield subject to your deductible. 2. Also, if your auto has a loss under this coverage we will: a) pay for resulting damage to your clothing and luggage or that of any relative. Maximum payment is $200. We will pay for stolen clothing or luggage only If your auto is stolen. b) repay your travel costs after your auto is stolen. Maximum payment is $15 per day--not to exceed $450 per occurrence. These costs must be incurred within a certain time. It starts 48 hours after you report the theft to us and the police. It ends when your auto Is returned to you or a settlement is agreed to. c) repay you for the cost of travel from where your auto was disabled to where you were going. Maximum payment is $10. COLLISION COVERAGE 1. We will pay for loss to your auto caused by collision or upset. We will pay for the loss less your deductible. We will not subtract the deductible amount for broken glass if you have full (no deductible) Comprehensive coverage in force. 2. Also if your auto has a loss under this coverage we will: a) pay for resulting damage to your clothing and luggage or that of any relative. Maximum payment is $200. b) repay you for the travel cost to where you were going. Maximum payment is $10. P1 Physical Damage TOWING AND LABOR COSTS COVERAGE We will pay towing and labor costs if your auto is disabled. We wig pay only for labor costs at the place where your auto is disabled. Our maximum payment per disablement is shown in the Declarations. Coverage Extensions USE OF TRAILERS The insurance on your auto covers a trailer used by you or a relative. 1. The trailer must be: a) designed for use with a private passenger auto; and b) used with a vehicle that is insured under these coverages. 2. The trailer must not be: a) otherwise Insured; b) owned by you or a relative; or c) used for business purposes with a vehicle that's not a private passenger auto. 3. The maximum amount payable is $500. USE OF OTHER MOTOR VEHICLES The Insurance on your auto also covers other motor vehicles as follows: 1. A motor vehicle you do not own, while it Is used in place of your auto for not more than 30 days. Your auto must be out of use because of: a) breakdown; c) servicing; or b) repair; d) loss. 2. A four-wheel motor vehicle newly acquired by you. You must report the acquisition of the vehicle to us during the first 30 days you own the vehicle. Also, if the newly acquired vehicle does not replace your auto, all household vehicles owned by you must be insured by us or an affiliate for this extension of coverage to apply. We provide this coverage only if you do not have other collectible insurance. You must pay any added premium resulting from this coverage extension. 3. A private passenger auto owned by a non-member of your household and not covered in Item 1. of this section. a) This applies only while such auto is used by you or a relative. b) We will not pay for loss: (1) that results from the operation of an auto: (a) repair shop; (c) sales agency; or (b) public garage or parking place; (d) service or maintenance facility. (2) involving a private passenger auto owned by an employer of an insured. (3) involving a private passenger auto furnished or available to you or a relative for regular use. (4) to any rented motor vehicle. 4. A rented private passenger auto, including its loss of income. a) This applies only: (1) while such auto is rented by you or a relative; (2) if such auto is rented from a rental company for less than 28 days; and (3) for loss of income that is: (a) verifiable by us; and P2 Physical Damage (b) owed to a rental company because: (1) the rental company had a customer willing to rent a private passenger auto, and (2) there was no other vehicle available for rental in place of the damaged rented auto. b) We will not pay for loss involving a private passenger auto rented or leased by anyone for or on behalf of the employer of an insured. Coverage Exclusions We will not pay for loss: 1. To more than one: a) recording tape; b) compact disc; or c) other recording media. 2. To a container to be used for storing or carrying: a) recording tapes; b) compact discs; or c) other recording media. 3. To any device which Is a: a) tape player; b) compact disc player or recorder; c) video cassette player or recorder; d) television; e) electronic navigational system; f) citizens band radio; g) two-way mobile radio; h) telephone; or i) any other device which records, emits, amplifies, receives and/or transmits sound. However, this exclusion (3.) does not apply: a) to such a device, its antenna or its other parts or accessories if permanently installed by the original manufacturer or new car dealer as part of the purchase agreement for the vehicle; or b) up to the first $1,500 of the actual cash value of any and all such devices, antennas, or other parts and accessories that are permanently installed but were not a part of the new car purchase agreement for the vehicle. However, payment under this subpart b) shall not exceed the actual cash value of the insured vehicle in which the devices are Installed. Permanently installed means installed, using bolts, brackets, or welding. A device attached only by wires is not "permanently installed." No coverage will be provided for any item that is not permanently installed. No coverage will be provided for the devices designed to detect or deter speed monitoring equipment excluded in exclusion 4. below, whether permanently installed or not. 4. To scanning monitor receivers used for radar detection, or any other device designed to detect or deter the monitoring of speed. 5. To a camper or living quarters unit which can be mounted on or attached to a vehicle. We will pay the loss if: a) the unit is reported to us; and b) the required premium Is paid; before the loss. P3 Physical Damage 6. Caused by and limited to: a) wear and tear; b) freezing; c) mechanical or electrical breakdown or failure. This exclusion (6.) does not apply to Towing and Labor coverage. 7. To any motor vehicle while used: a) to carry persons or property for a fee; or b) for retail or wholesale delivery, including but not limited to pizza, magazine, newspaper and mall delivery. This exclusion (7.) does not apply to motor vehicles used in shared-expense car pools. 8. To any motor vehicle due to an act of war, including insurrection, rebellion or revolution. 9. To any motor vehicle which occurs: a) while it is being used on a temporary or permanent basis, for the transportation of, or In exchange for, any illegal substance, or in connection with any criminal trade or transaction by: (1) you; (2) a relative; or (3) anyone else with your knowledge or permission; or b) due to confiscation of your auto by any law enforcement agency because of your auto's use in such activities. 10. Caused intentionally by or at the direction of an insured, including wailful ads the result of which the insured knows or ought to knowwill follow from the insured's conduct. 11. To your auto while rented or leased to others. 12. To a motor vehicle, while being used in any prearranged or organized racing, speed, demolition, stunting activity, competitive event, or driver's education course conducted on a racetrack; or in practice or preparation for such event or course. 13. To your auto or any other motor vehicle due to diminution in value or depreciation. 14. Caused by or resulting from nuclear hazard, meaning any. a) nuclear reaction; b) nuclear discharge; c) radiation; or d) radioactive contamination; whether controlled or uncontrolled or however caused, or as a consequence of any of these. Loss caused by nuclear hazard is not considered loss caused by fire, smoke or explosion. 15. Caused directly or indirectly by biological deterioration or damage. Such loss is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss. Limits and Conditions o f Payment ACTUAL CASH VALUE The limit of our coverage is the actual cash value of your auto or its damaged parts at the time of loss. To determine actual cash value, we will consider: 1. fair market value; 2. age; and 3. condition of the property, P4 Physical Damage at the time of loss. In addition to our payment of the loss, necessary and reasonable towing and storage will be paid to protect the auto from further damage. Covered storage costs are not to exceed four days of storage charges incurred prior to the date you report the loss to us. LOSS SETTLEMENT At our option, we may. 1. pay you directly for a loss; 2. pay to repair or replace your auto or its damaged parts with the parts furnished either by original equipment manufacturers or non-original equipment manufacturers; 3. return stolen property at our expense and pay for any damage. AMOUNTS PAYABLE FOR TOWING AND LABOR COSTS The limit of our coverage for a loss Is limited to the amount shown in the Declarations. Limits apply as stated in the Declarations. Insuring more than one person or vehMe under this policy does not increase our limits. OTHER INSURANCE If there is other insurance that covers any loss, we will pay only our share of the loss. Our share is our proportion of the total insurance collectible for the loss. For loss to motor vehicles other than your auto, we will pay only the insured loss not covered by other insurance or self insurance. Coverage Conditions AUTO RECOVERY When an insured auto which has been stolen or abandoned is located, we have the right to take it into our care and custody. CONTROLLING STORAGE COSTS When an insured is involved in a Collision or Comprehensive loss, we have the right to move the vehicle from any impound lot, storage site, towing yard or any other facility to control storage costs, towing costs or other fees. The insured will be promptly notified whenever any such action is undertaken. Loss Payable Clause This clause applies to the Comprehensive and Collision coverages provided by this policy. It protects the lienholder named in the policy Declarations. Payment for loss will be made according to the interest of the policyholder and lienholder. At our option, payment may be made to bath jointly, or to either separately. Either way, the company will protect the Interests of both. Protection of the lienholder's financial Interest will not be affected by any change in ownership of the vehicle Insured, nor by any act or omission by any person entitled to coverage under this policy. However, protection under this clause does not apply: a) in any case of conversion, embezzlement, secretion, or willful damaging or destruction, of the vehicle committed by or at the direction of an insured. b) to the loss of any motor vehicle while it is being used on a temporary or permanent basis, for the transportation of, or in exchange for, any Illegal substance, or in connection with any criminal trade or transaction. If the company cancels or refuses to renew the policy, the Ilenholder will receive notice at least 10 days before protection of its interest will end. The company will also notify the lienholder If coverage under the policy is excluded for any named driver. The lienholder shall notify the company upon learning of any change in ownership of the vehicle. P5 Physical Damage To the extent of payment to the lienholder, the company will be entitled to the lienholder's rights of recovery. The company will do nothing to impair the right of the lienholder to recover the full amount of its claim. Assignability No interest in these coverages can be transferred without our written consent. However, if the policyholder dies, the coverages will stay in force for the rest of the policy period. They will apply for anyone having proper temporary custody of your auto. P6 Auto Liability (for damage or Injury to others caused by your auto) Coverage Agreement PROPERTY DAMAGE AND BODILY INJURY LIABILITY COVERAGE We will pay for damages for which you are legally liable as a result of an accident arising out of the: a) ownership; b) maintenance or use; or c) loading or unloading; of your auto. A relative also has this protection. So does any person or organization who is liable for the use of your auto while used with your permission. 2. Damages must involve: a) property damage; or b) bodily injury. 3. We will pay such liability losses up to the limits stated in the Declarations. In addition to these limits and as to any covered damages, we will: a) defend at our expense, with attorneys of our choice, any suit against the insured. We may settle or defend any claim or suit as we think proper. b) pay: (1) all expenses incurred by us; and (2) all costs levied against the insured, Including prejudgment interest on that portion of the award which does not exceed the limits of this coverage; in any such suit. c) pay premiums: (1) of not more than $250 per insured for ball bonds required because of an accident or traffic violation. (2) for appeal bonds in defended suits and for bonds to release attached property. The amount of such bonds shall not be more than the limits of liability shown in the Declarations. Although paying such premiums, we are not required to apply for or furnish any bonds. d) pay post-Judgment interest on all damages awarded. We will not pay interest that accrues after such time as we have: (1) paid; (2) formally offered; or (3) deposited in court; the amount for which we were liable under this policy. e) pay expenses incurred by an insured for emergency medical aid to others at the time of accident. f) pay all reasonable expenses incurred by an insured at our request, but not more than $50 per day for loss of earnings. 4. After the limits of this coverage have been paid, we will not defend any suit or pay any claim or judgment. I_1 Auto Liability Coverage Extensions USE OF TRAILERS This coverage applies to the use of a trailer by: a) you; b) a relative; or c) someone else with your permission. 2. The trailer must be: a) designed for use with a private passenger auto; and b) used with a vehicle that is insured under this coverage. 3. The trailer must not be used for business purposes with a vehicle that's not a private passenger a uto. USE OF OTHER MOTOR VEHICLES This coverage also applies to certain other motor vehicles as follows: 1. A motor vehicle you do not own, while it is used in place of your auto for not more than 30 days. Your auto must be out of use because of: a) breakdown; c) servicing; or b) repair; d) loss. 2. A four-wheel motor vehicle newly acquired by you. This coverage applies only during the first 30 days you own the vehicle unless it replaces your auto. If the newly acquired vehicle does not replace your auto, all household vehicles owned by you must be Insured by us or an affiliate for this extension of coverage to apply. We provide this coverage only if you do not have other collectible insurance. You must pay any added premium resulting from this coverage extension. 3. A motor vehicle owned by a non-member of your household and not covered In Item 1. of this section. a) This applies only while the vehicle is being used by you or a relative. It protects you or the relative as the operator, and any person or organization, except as noted below In b), who does not own the vehicle but is legally responsible for its use. b) This does not apply to losses Involving a motor vehicle: (1) used in the business or occupation of you or a relative except a private passenger auto used by you, your chauffeur, or your household employee; (2) owned, rented or leased by an employer of an insured; (3) rented or leased by anyone for or on behalf of an employer of an insured; or (4) furnished or available to you or a relative for regular use. Furnished for regular use does not include a motor vehicle rented from a rental company for less than 28 days. FINANCIAL RESPONSIBILITY We will adjust this policy to comply: 1. With the financial responsibility law of any state or province which requires higher liability limits than those provided by this policy. 2. With the kinds and limits of coverage required of non-residents by any compulsory motor vehicle insurance law, or similar law. However, any loss payment under this coverage will be made only over and above any other collectible motor vehicle insurance. In no case will anyone be entitled to duplicate payments for the same loss. When we certify this policy as proof under any financial responsibility law, it will comply with the law to the extent of the coverage required by the law. L2 Auto Liability Coverage Exclusions This coverage does not apply to: 1. Property damage or bodily injury caused intentionally by or at the direction of an insured, including willful acts the result of which the insured knows or ought to know will follow from the insured's conduct. 2. Use of any motor vehicle: a) to carry persons or property for a fee; or b) for retail or wholesale delivery, Including but not limited to pizza, magazine, newspaper and mail delivery. This exclusion does not apply to motor vehicles used In shared-expense car pools. 3. a) Any person for any occurrence arising out of the operation of an auto: (1) repair shop; (3) sales agency; or (2) public garage or parking place; (4) service or maintenance facility. b) However, this exclusion does not apply to: (1) you; (2) a relative; or (3) a partner, employee, or agent of you or a relative; with regard to the use of your auto. 4. Property damage caused by any insured: a) to a motor vehicle that is owned or operated by, or in the custody of, that insured; or b) to any other property that is owned by or in the custody of any insured or anyone occupying your auto. This exclusion does not apply to a: (1) rented home; or (2) rented private garage. 5. Bodily injury to any person eligible to receive any benefits required to be provided or voluntarily provided by any insured under a: a) workers' compensation; b) unemployment compensation; c) non-occupatlonal or occupational disease; d) disability benefits; or any similar law. 6. Bodily injury to an employee of any insured while engaged In employment. However, it does cover an employee at your home who Is not, or is not required to be, covered by any workers' compensation law. 7. The United States of America or any of its agencies. It also does not apply to any employee of the United States of America or any of its agencies while such person is acting within the scope of his or her office or employment and the provisions of the Federal Tort Claims Act apply. 8. Any person protected under nuclear energy liability insurance. This exclusion applies even if that insurance has been exhausted. 9. Non-economic loss of or for any person who has elected or has deemed to have elected "Limited Tort" in accordance with the Pennsylvania Motor Vehicle Financial Responsibility Law. 10. Bodily injury or property damage arising out of the ownership, maintenance or use of your auto while rented or leased to others by any insured. L3 Auto Liability 11. Bodily injury or property damage arising out of the ownership, maintenance or use of a motor vehicle, while being used in any prearranged or organized racing, speed, demolition, stunting activity, competitive event, or driver's education course conducted on a racetrack; or in, practice or preparation for such event or course. 12. Bodily injury arising directly or Indirectly from the inhalation of, ingestion of, contact with, exposure to, existence of or presence of any fungi, algae, lichens, slime, mold, bacteria, wet or dry rot and any by-products of these organisms, however produced. Fungi as used above include, but are not limited to: yeasts, mold, mildew, rust, smuts, or fleshy fungi such as mushrooms, puffballs and coral fungi. 13. Property damage caused directly or indirectly by biological deterioration or damage. Such loss is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss. Limits and Conditions o f Payment AMOUNTS PAYABLE FOR LIABILITY LOSSES Our obligation to pay Property Damage or Bodily Injury Liability losses is limited to the amounts per person and per occurrence stated in the Declarations. The following conditions apply to these limits: 1. The limit shown: a) for Property Damage Liability is for all property damage in one occurrence. b) for Bodily Injury Liability for any one person applies to one person's bodily injury, including death, and includes all claims resulting from or arising out of that one person's bodily injury, including death. This per person policy limit shall be enforceable regardless of the number of insureds, claims made, vehicles or premiums shown in the Declarations or policy, or vehicles involved In the accident. c) for Bodily Injury Liability for each occurrence is, subject to the per person limit described In paragraph b) above, the total limit of our liability for all legal damages when two or more persons sustain bodily injury, including death, as a result of one occurrence. The per occurrence policy limit shall be enforceable regardless of the number of insureds, claims made, vehicles or premiums shown in the Declarations or policy, or vehicles involved in the accident. 2. Liability limits apply as stated in the Declarations. The Insuring of more than one person or vehicle under this policy does not Increase our liability limits. 3. In any loss covered under items 2. and 3. of "USE OF OTHER MOTOR VEHICLES," the highest liability limit applicable to any one vehicle on this policy will apply. 4. A motor vehicle and attached trailer are considered one vehicle for Auto Liability coverage. 5. Any payment under this coverage shall be reduced by any amount paid under the Uninsured Motorists or Underinsured Motorists coverage of this policy. OTHER INSURANCE 1. In any loss Involving the use of your auto, we will be liable for only our share of the loss it there is other collectible liability insurance. Our share is our proportion of the total insurance limits for the loss. 2. For losses covered under "USE OF OTHER MOTOR VEHICLES,"our coverage is excess over any other collectible: a) insurance; b) self insurance; c) proceeds from a governmental entity; or d) sources of recovery. L4 Auto Liability If more than one policy issued by us or a company affiliated with us applies on an excess basis to the same loss, we will pay only up to the highest limit of any one of them. Assignability No interest in this coverage can be transferred without our written consent. However, if the policyholder dies, the Liability coverage will stay in force for the rest of the policy period for: 1. Anyone having proper temporary custody of your auto until a legal representative is appointed; and 2. The appointed legal representative L5 First Party Benefits Coverage Agreement This coverage provides First Party Benefit options in accordance with the Pennsylvania Motor Vehicle Financial Responsibility Law. The options and limits which the policyholder has selected are shown in the Declarations. We will pay First Party Benefits for the bodily injury of an insured as a result of an accident that arises out of the maintenance or use of a motor vehicle as a motor vehicle. We will pay these benefits regardless of who is at fault in the accident. ADDITIONAL DEFINITIONS APPLICABLE TO THIS COVERAGE For purposes of this coverage: 1. "RELATIVE" means the following residents of the policyholder's household: a) spouse; b) anyone related to the policyholder or spouse by blood, marriage or adoption; and c) a minor in the legal custody of the policyholder or such relative. A relative may live temporarily outside the household. 2. "MOTOR VEHICLE" means any vehicle which is self-propelled, except one which is propelled: a) solely by human power; or b) by electric power obtained from overhead trolley wires but not operated upon rails. 3. "NECESSARY MEDICAL TREATMENT AND REHABILITATIVE SERVICES" means: a) treatment; b) accommodations; and c) products or services; which are determined to be necessary by a licensed health care provider unless they shall have been found or determined to be unnecessary by a state-approved Peer Review Organization (PRO). INSUREDS The policyholder and relatives are covered while occupying or injured by any motor vehicle. Persons other than the policyholder and relatives are covered: a) while occupying your auto. b) as non-occupants of a motor vehicle if Injured as a result of an accident in Pennsylvania involving your auto. Options OPTION 1-MEDICAL BENEFIT We will pay all reasonable expenses for necessary medical treatment and rehabilitative services. We will pay such expenses up to the limit shown on the Declarations. Subject to the applicable provisions of the Motor Vehicle Responsibility Law concerning the statute of limitations, there is no time limitation for this benefit, provided that, within 18 months after the date of the accident, it is determined with reasonable medical probability that further expenses may be incurred as a result of the Injury. F1 First Party Benefits OPTION 2-INCOME LOSS BENEFIT If this option is selected by payment of premium, we will pay for loss of Income from work the insured was unable to do because of bodily injury. We will not pay under this benefit until five working days have been lost. We will not pay for these five days of lost income. "LOSS OF INCOME" means: a) 80 percent of actual loss of gross Income. Gross income is income received from work performed while normally employed in gainful activity. b) reasonable expenses actually incurred for hiring a substitute to perform self-employment services in order to reduce loss of gross Income or for hiring special help which permits a person to work and reduce loss of gross income. We will pay such benefits up to the limit shown on the Declarations. However, the total limit of this benefit is subject to the monthly maximum shown on the Declarations. Income loss benefits do not continue after a person dies. OPTION 3-ACCIDENTAL DEATH BENEFIT If this option is selected by payment of premium, we will pay the Accidental Death Benefit for the policyholder or a relative who suffers accidental bodily injury causing death from a covered accident. We will pay the Accidental Death Benefit limit shown in the Declarations. Death must occur within two years of, and as a direct result of, the accident. Payment will be made to the: a) executor; or b) administrator; of the estate. In the alternative, payment will be made to the surviving spouse. OPTION 4- FUNERAL BENEFIT If this option is selected by payment of premium, we will pay reasonable expenses directly related to the: a) funeral; b) burial; c) cremation; or d) other form of disposition of the remains of a deceased insured. These expenses must be the direct result of death from a covered accident within two years of the date of the accident. Payment will be made to any person presenting bills for qualified expenses incurred. We will pay such expenses up to the limit shown on the Declarations. OPTION 5-COMBINED LOSS BENEFITS If this option is selected by payment of premium, we will pay the benefits described in Options 1, 2, 3, and 4 above. However, total benefits payable under this option are limited to: a) the aggregate limit shown on the Declarations for this option; or b) three years from the date of the accident; whichever occurs first. Option 5 Is subject to the following conditions: a) within 18 months after the date of the accident, it must be determined with reasonable medical probability that future medical expenses will be Incurred as a result of the injury. b) in no event will benefits be paid beyond three years from the date of the accident. c) there is no monthly dollar maximum for Income Loss Benefits. d) the maximum Accidental Death Benefit payable is $25,000. e) the maximum Funeral Benefit payable Is $2,500. f) benefits under d) and e) are only payable if death occurs within two years of the date of the accident. F2 First Party Benefits OPTION 6-EXCESS MEDICAL BENEFITS If this option is selected by payment of premium, we will pay the Excess Medical Benefits for an insured who suffers accidental bodily injury from a covered accident. Excess Medical Benefits are reasonable expenses for necessary medical treatment and rehabilitative services. We will pay such expenses in excess of $100,000 but not to exceed one million dollars. We will not pay Excess Medical Benefits to an insured who is not eligible for Option 1--Medical Benefits under this policy. Our liability to one person in one accident is $50,000 per year. Subject to this limit for any one person in any one year, our aggregate limit for any one person is one million dollars for any one accident. During the first 18 months of eligibility, we shall approve payments for an insured without regard to the $50,000 per year limit. For purposes of this option, the first 18 months of eligibility begins when the insured has incurred $100,000 of eligible necessary medical treatment and rehabilitative services expenses. If the insured is covered by Option 5-Combined Loss Benefits package (or a similar auto benefits package with another insurer), applicable Medical Benefit limits greater than $100,000 in such package shall be excess over any sums paid or payable under Excess Medical Benefits. Coverage Exclusions We will not pay First Party Benefits in certain circumstances, as follows: 1. The policyholder and relatives are not covered for bodily injury arising out of the maintenance or use of a motor vehicle that the policyholder owns that Is not an insured motor vehicle. An insured motor vehicle is one on which there are First Party Benefits and to which the Auto Bodily Injury Liability coverage in this policy applies. 2. There is no coverage for bodily injury to a relative arising out of the maintenance or use of a motor vehicle owned by such relative which is not Insured for First Party Benefits and Auto Bodily Injury Liability coverage under this or any other policy. 3. There is no coverage for anyone while occupying a: a) motorcycle; b) motor-driven cycle; c) motorized pedalcycle, or similar type vehicles; or d) a recreational vehicle not intended for highway use. 4. There is no coverage for anyone, other than the policyholder or a relative, who knowingly converts a motor vehicle. 5. There is no coverage for anyone injured by your auto while it is unoccupied and parked so as not to cause unreasonable risk of Injury. 6. There is no coverage for use of any motor vehicle by an insured: a) to carry persons or property for a fee; or b) for retail or wholesale delivery, including but not limited to pizza, magazine, newspaper and mail delivery. This exclusion does not apply to motor vehicles used in the shared-expense car pods. 7. There is no coverage for anyone, other than the policyholder, who is the owner of a currently registered motor vehicle and who does not have financial responsibility. Financial responsibility means the type of financial responsibility that was self-certified to the Department of Transportation to obtain the registration. 8. We will not pay any benefits to or for anyone who injures themselves: a) or another intentionally, including an attempt to intentionally injure themselves or another; b) while committing a felony; or c) while seeking to elude lawful apprehension or arrest by a law enforcement official. F3 First Party Benefits 9. a) There is no coverage for any person for any occurrence arising out of the operation of a motor vehicle: (1) repair shop; (2) public garage or parking place; (3) sales or leasing agency; or (4) service or maintenance facility. b) However, this exclusion does not apply to the use of your auto to: a) the policyholder; or b) a relative. 10. There is no coverage for loss sustained by any person as a direct result of loading or unloading any motor vehicle, except while occupying the motor vehicle. 11. There is no coverage for bodily injury caused by or resulting from: a) an act of war, Including insurrection, rebellion or revolution; or b) nuclear hazard meaning any: (1) nuclear reaction; (2) nuclear discharge; (3) radiation; or (4) radioactive contamination; whether controlled or uncontrolled or however caused, or as a consequence of any of these. 12. There is no coverage for bodily injury arising directly or Indirectly from the inhalation of, ingestion of, contact with, exposure to, existence of or presence of any fungi, algae, lichens, slime, mold, bacteria, wet or dry rot and any by-products of these organisms, however produced. Fungi as used above include, but are not limited to: yeasts, mold, mildew, rust, smuts, or fleshy fungi such as mushrooms, puffballs and coral fungi. 13. There is no coverage for bodily injury arising out of the ownership, maintenance or use of a motor vehicle, while being used in any prearranged or organized racing, speed, demolition, stunting activity, competitive event, or driver's education course conducted on a racetrack; or in practice or preparation for such event or course. Limits and Conditions ofPayment Limits apply as stated in the attached Declarations. However, the insuring of more than one person or vehicle under this First Party Benefits coverage does not Increase the limit of coverage to any one person in any one accident. In no event will any insured be entitled to more than the highest limit applicable to any one motor vehicle under this or any other policy. The following conditions apply to the relationship of this coverage to other insurance or benefits that pay be available: PRIORITIES OF POLICIES We will pay First Party Benefits in accordance with the order of priorities set forth by law. We will not pay if there is other insurance at a higher level of priority, even If the limits of that Insurance have been paid. The highest priority level listed below is the FIRST level which provides benefits for a named insured. The priority order is: FIRST- For a named insured on any policy, the policy on which that person is the named insured. SECOND- For a relative, the policy covering the relative as an insured. THIRD- For the occupants of an insured motor vehicle, the policy on that motor vehicle. FOURTH - For a person who is not the ocupant of a motor vehicle, the policy on any motor vehicle involved in the accident. F4 First Party Benefits NO DUPLICATION OF BENEFITS; OTHER INSURANCE In any occurrence where other similar auto Insurance or self-Insurance of equal priority to that provided in this coverage is available and the claim Is first presented to us, we will process and pay the claim as If wholly responsible up to the limits of our policy. The total limits available from all such insurance will be considered not to exceed the highest limits available from any one source of coverage. In no instance may an insured or legal representative recover duplicate benefits from the same elements of loss under this and other similar auto insurance or self-insurance. WORKERS' COMPENSATION REDUCTION There Is no coverage for bodily injury occurring during the course and scope of employment If workers' compensation benefits are payable or available for the bodily injury. Any amount payable to anyone under this coverage will only be in excess of and not in duplication of any valid and collectible workers' compensation benefit. Insured Persons' Duties The insured, or someone on the insured's behalf, will report any accident to us In writing as soon as practicable. This report will identify the injured and give reasonably obtainable information about the time, place and circumstances of the accident. As soon as practicable, the insured or someone on the insured's behalf will submit written proof of claim to us, under oath if required. This proof will Include detailed information about the nature and extent of bodily injury, treatment and rehabilitation received and contemplated, and anything else that may help us determine what benefits are payable In what amounts. The injured person must grant us authorization, If we request it, to obtain copies of medical, income and income tax reports and records. Injured persons must submit to examinations by company-selected physicians as often as the company reasonably requires. The injured person must submit to examination under oath as often as reasonably requested by us. F5 Uninsured Motorists M (for bodily Injury caused by uninsured motorists) ADDITIONAL DEFINITION APPLICABLE TO THIS COVERAGE An "UNINSURED MOTOR VEHICLE" is: 1) one for which there Is no bodily injury liability bond or insurance at the time of the accident. 2) one for which the insuring company denies coverage or becomes Insolvent. 3) an unidentified motor vehicle which causes bodily injury to an insured by physical contact with: a) such insured; or b) a vehicle the insured is occupying. The driver and the owner of the unidentified vehicle must be unknown. A report must be made to the police within 24 hours and us within 30 days, or as soon as practicable. It must state that the insured has a legal action due to the accident. It must include facts to support the action. We may inspect any vehicle the insured was occupying. We will not consider as an uninsured motor vehicle: 1) a motor vehicle for which there Is liability insurance or self-insurance applicable at the time of the accident; 2) any vehicle in use as a residence or premises; 3) any equipment or vehicle designed for use mainly off public roads except while on public roads; 4) any motor vehicle insured under the Auto Liability coverage of this policy; nor 5) any motor vehicle furnished for the regular use of you, a resident, or a relative. Coverage Agreement YOU AND A RELATIVE We will pay compensatory damages, including derivative claims, which are due by law to you or a relative from the owner or driver of an uninsured motor vehicle because of bodily injury suffered by you or a relative. Damages must result from an accident arising out of the: 1. ownership; 2. maintenance; or 3. use; of the uninsured motor vehicle. OTHER PERSONS We will also pay compensatory damages, including derivative claims, which are due by law to other persons who suffer bodily injury while occupying: 1. Your auto. A motor vehicle you do not own, while it is used as a temporary substitute for your auto. Your auto must be out of use because of: a) breakdown; b) repair; c) servicing; or d) loss. U1 Uninsured Motorists 3. A four-wheel motor vehicle newly acquired by you. This applies only during the first 30 days you own the vehicle, unless it replaces your auto. RECOVERY 1. Before recovery, we and any injured party seeking protection under this coverage must agree on two points: a) whether there is legal right to recover damages from the owner or driver of an uninsured motor vehicle; and If so, b) the amount of such damages. 2. Any judgment against the uninsured will be binding on us only If it has our written consent. 3. The injured party shall provide notice of an uninsured motorist claim within two years after the date of the accident. If the injured party fails to provide such notice, and this failure precludes our ability to subrogate against liable parties, coverage may be denied as provided In Insured Persons' Duties No. 2 below. 4. Where multiple policies apply, payment shall be made in the following order of priority: a) a policy covering a motor vehicle occupied by the injured person at the time of the accident. b) a policy covering a motor vehicle not involved in the accident with respect to which the Injured person Is an insured. 5. Where multiple sources of equal priority apply, the insured against whom a claim is asserted first under the priorities set forth in 4. above shall process and pay the claim as if wholly responsible. We are thereafter entitled to recover contribution pro rata from the other insurer for the benefits paid and the cost of processing the claim. Coverage Exclusions This coverage does not apply to: Use of any motor vehicle: a) to carry persons or property for a fee; or b) for retail or wholesale delivery, including but not limited to pizza, mazagine, newspaper and mail delivery. This exclusion does not apply to motor vehicles used in shared-expense car pools. 2. Use of any motor vehicle by an insured without the owner's permission. 3. Punitive or exemplary damages. 4. Directly or Indirectly benefit any workers' compensation or disability benefits carrier, or any person or organization qualifying as a "self-insurer" under a workers' compensation, disability benefits, or similar law. To the extent that workers' compensation, disability or self-insured benefits under workers' compensation are paid or payable, this coverage is excess. 5. Bodily injury suffered while occupying or struck by a motor vehicle owned by you or a relative, but not insured for auto liability coverage under this or any other policy. 6. Bodily injury suffered while occupying a motor vehicle owned by you or a relative but not insured for Uninsured Motorists coverage under this policy; nor to bodily injury from being hit by any such motor vehicle. 7. Non-economic loss of any insured who has elected or has deemed to have elected "Limited Tort" in accordance with the Pennsylvania Motor Vehicle Financial Responsibility Law. 8. Bodily injury of any insured if the insured settles, without our written consent, with a liable party. 9. Bodily injury suffered while occupying a motor vehicle being used in any prearranged or organized racing, speed, demolition, stunting activity, competitive event, or driver's education course conducted on a racetrack; or in practice or preparation for such event or course. U2 Motorists 10. Bodily injury to you or a relative using a non-owned motor vehicle that is available for regular use by you or a relative. Insured Persons' Duties 1. The insured must: a) submit written proof of claim to us. It must be under oath, if required. It must include details of: (1) the nature and extent of injuries; (2) treatment; and (3) any other facts which could affect the amount of payment. b) provide all facts of the accident and the names of all witnesses. c) submit to oral examination under oath as often as we require with good reason. d) be examined by doctors, including doctors examining the insured for rehabilitation purposes, or vocational specialists, chosen by us as often as we require with good reason. At our request, the Injured person must promptly authorize us to: (1) speak with any doctor who has treated him; (2) read all medical history and reports of the injury; (3) obtain copies of wage and medical reports and records; and (4) obtain copies of all medical bills as they are incurred. Failure to do the above precludes recovery under this coverage. 2. We require the insured to file suit against any and all liable parties to preserve and protect our subrogation rights. Failure to do so precludes recovery under this coverage. 3. The insured must obtain our written consent to: a) settle any legal action brought against any liable party; or b) release any party. Failure to do so precludes recovery under this coverage. Our Right to Recovery This applies to the extent of any payment we make under this coverage. We will have first right to any amount the insured receives from any liable party. The insured will: 1. Hold in trust for us his right to recover against any such party; and 2. Furnish us all papers in any suit the insured files. Our payment of a claim may result from the insolvency of an insurer. If so, we have the right to recover from the insurer, but not its insured. Limits and Conditions o f Payment AMOUNTS PAYABLE FOR UNINSURED MOTORISTS LOSSES We agree to pay losses up to the limits stated in the policy Declarations. The following applies to these limits: 1. The Uninsured Motorists bodily injury limit shown for any one person is for all legal damages, including all derivative claims, claimed by anyone due to bodily injury to one person as a result of one occurrence. The per-person limit is the total amount available when one person sustains bodily injury, including death, as a result of one occurrence. No separate limits are available to anyone for U3 Uninsured Motorists derivative claims, statutory claims, or any other claims made by anyone arising out of bodily injury, including death, to one person as a result of one occurrence. The total limit or our liability shown for each occurrence is the total amount available when two or more persons sustain bodily injury, including death, as a result of one occurrence. In no event shall any one person recover more than the per-person limit shown. 2. Coverage applies as stated in the Declarations. The insuring of more than one person or vehicle under this policy does not increase our Uninsured Motorists payment limits. In no event will any insured be entitled to more than the highest per-person limit applicable to any one motor vehicle under this policy or any other policy issued by us. However, if your Declarations show you have elected "Uninsured Motorists--Bodily Injury Stacked" coverage, the sum of limits for your autos apply to you or a relative as stated in the Declarations. 3. Any payment under this coverage shall be reduced by any amount paid under the Auto Liability coverage of this policy. 4. The insured may recover for bodily injury under the Auto Liability coverage or the Uninsured Motorists coverage of this policy, but not under both coverages. OTHER INSURANCE If there is other insurance: 1. For bodily injury suffered by an insured while occupying a motor vehicle you do not own, we will pay the insured loss not covered by other insurance. 2. Except as stated above, if there is other insurance similar to this coverage under any other policy, we will be liable for only our share of the loss. Our share Is our proportion of the total insurance limits for the loss. 3. If more than one policy applies, the total limits applicable will be considered not to exceed the highest limit amount of any one of them. 4. When the Declarations show you have elected "Uninsured Motorists--Bodily Injury Stacked" coverage, the total limits applicable will be considered not to exceed the highest limit amount of any one of them for an insured other than you or a relative. DUPLICATE PAYMENT We will make no duplicate payment to or for any insured for the same element of loss. Assignability No Interest In this coverage can be transferred without our written consent. However, If the policyholder dies, this coverage will continue in force for the rest of the policy period. It will apply to the following having proper custody of your auto: 1. your relatives; 2. your heirs; 3. an appointed legal representative; or 4. anyone else using your auto with the express permission of the legal representative. U4 Underinsured Motorists N (for bodily injury caused by underinsured motorists) ADDITIONAL DEFINITION APPLICABLE TO THIS COVERAGE An 'UNDERINSURED MOTOR VEHICLE" is a motor vehicle for which bodily injury liability coverage, bonds or insurance are in effect. However, their total amount is insufficient to pay the damages an insured is entitled to recover. We will pay damages that exceed such total amount. We will not consider as an underinsured motor vehicle: 1) a motor vehicle for which there is sufficient liability insurance or self-insurance applicable at the time of the accident to pay losses and damages; 2) any vehicle in use as a residence or premises; 3) any equipment or vehicle designed for use mainly off public roads except while on public roads; 4) any motor vehicle insured under the Auto Liability coverage of this policy, nor 5) any motor vehicle furnished for the regular use of you, a resident, or a relative. Coverage Agreement YOU AND A RELATIVE We will pay compensatory damages, including derivative claims, which are due by law to you or a relative from the owner or driver of an underinsured motor vehicle because of bodily injury suffered by you or a relative. Damages must result from an accident arising out of the: 1. ownership; 2. maintenance; or 3. use; of the underinsured motor vehicle. OTHER PERSONS We will also pay compensatory damages, including derivative claims, which are due by law to other persons who suffer bodily injury while occupying: 1. Your auto. 2 A motor vehicle you do not own, while it is used as a temporary substitute for your auto. Your auto must be out of use because of: a) breakdown; b) repair; c) servicing; or d) loss. 3. A four-wheel motor vehicle newly acquired by you. This applies only during the first 30 days you own the vehicle, unless it replaces your auto. RECOVERY 1. Before recovery, we and any injured party seeking protection under this coverage must agree on two points: a) whether there is legal right to recover damages from the owner or driver of an underinsured motor vehicle; and if so, Ull Underinsured Motorists b) the amount of such damages. 2. Any judgment against the underinsured will be binding on us only if it has our written consent. 3. The injured party shall provide notice of an underinsured motorist claim within two years after the date of the accident. If the injured party fails to provide such notice, and this failure precludes our ability to subrogate against liable parties, coverage may be denied as provided in Insured Persons' Duties No. 2 below. 4. Where multiple policies apply, payment shall be made in the following order of priority: a) a policy covering a motor vehicle occupied by the injured person at the time of the accident. b) a policy covering a motor vehicle not involved in the accident with respect to which the injured person is an insured. 5. Where multiple sources of equal priority apply, the insured against whom a claim is asserted first under the priorities set forth in 4. above shall process and pay the claim as if wholly responsible. We are thereafter entitled to recover contribution pro rata from the other insurer for the benefits paid and the cost of processing the claim. Coverage Exclusions This coverage does not apply to: 1. Use of any motor vehicle: a) to carry persons or property for a fee; or b) for retail or wholesale delivery, including but not limited to pizza, magazine, newspaper and mall delivery. This exclusion does not apply to motor vehicles used in shared-expense car pools. 2. Use of any motor vehicle by an insured without the owner's permission. 3. Punitive or exemplary damages. 4. Directly or indirectly benefit any workers' compensation or disability benefits carrier, or any person or organization qualifying as a "self-Insurer" under a workers' compensation, disability benefits,or similar law. To the extent that workers' compensation, disability or self-insured benefits under workers' compensation are paid or payable, this coverage is excess. 5. Bodily injury suffered while occupying or struck by a motor vehicle owned by you or a relative but not insured for Auto Liability coverage under this or any other policy. 6. Bodily injury suffered while occupying a motor vehicle owned by you or a relative but not insured for Underinsured Motorists coverage under this policy; nor to bodily injury from being hit by any such motor vehicle. 7. Non-economic loss of any insured who has elected or has deemed to have elected "Limited Tort" in accordance with the Pennsylvania Motor Vehicle Financial Responsibility Law. 8. Bodily injury of any insured If the insured settles, without our written consent, with a liable party. 9. Bodily injury suffered while occupying a motor vehicle being used in any prearranged or organized racing, speed, demolition, stunting activity, competitive event, or driver's education course conducted on a racetrack; or in practice or preparation for such event or course. 10. Bodily injury to you or a relative using a non-owned motor vehicle that is available for regular use by you or a relative. U12 Underinsured Motorists Insured Persons' Duties 1. The insured must: a) submit written proof of claim to us. It must be under oath, if required. It must include details of: (1) the nature and extent of injuries; (2) treatment; and (3) any other facts which could affect the amount of payment. b) provide all facts of the accident and the names of all witnesses. c) submit to oral examination under oath as often as we require with good reason. d) be examined by doctors, including doctors examining the insured for rehabilitation purposes, or vocational specialists, chosen by us as often as we require with good reason. At our request, the Injured person must promptly authorize us to: (1) speak with any doctor who has treated him; (2) read all medical history and reports of the Injury; (3) obtain copies of wage and medical reports and records; and (4) obtain copies of all medical bills as they are incurred. Failure to do the above precludes recovery under this coverage. 2. We require the insured to file suit against any and all liable parties to preserve and protect our subrogation rights. Failure to do so precludes recovery under this coverage. 3. The insured must obtain our written consent to: a) settle any legal action brought against any liable party; or b) release any party. Failure to do so precludes recovery under this coverage. Our Right to Recovery This applies to the extent of any payment we make under this coverage. We will have first right to any amount the insured receives from any liable party. The insured will: 1. Hold in trust for us his right to recover against any such party; and 2. Furnish us all papers in any suit the insured files. Our payment of a claim may result from the insolvency of an insurer. If so, we have the right to recover from the insurer, but not its Insured. Limits and Conditions o f Payment AMOUNTS PAYABLE FOR UNDERINSURED MOTORISTS LOSSES We agree to pay losses up to the limits stated in the policy Declarations. The following applies to these limits: 1. The Underinsured Motorists bodily injury limit shown for any one person is for all legal damages, including all derivative claims, claimed by anyone due to bodily injury to one person as a result of one occurrence. The per-person limit is the total amount available when one person sustains bodily injury, including death, as a result of one occurrence. No separate limits are available to anyone for derivative claims, statutory claims, or any other claims made by anyone arising out of bodily injury, including death, to one person as a result of one occurrence. U13 Underinsured Motorists The total limit of our liability shown for each occurrence is the total amount available when two or more persons sustain bodily injury, Including death, as a result of one occurrence. In no event shall any one person recover more than the per-person limit shown. 2. Coverage applies as stated in the Declarations. The insuring of more than one person or vehicle under this policy does not increase our Underinsured Motorists payment limits. In no event will any insured be entitled to more than the highest per-person limit applicable to any one motor vehicle under this policy or any other policy issued by us. However, if your Declarations show you have elected 'Underinsured Motorists-Bodily Injury Stacked" coverage, the sum of limits for your autos apply to you or a relative as stated in the Declarations. 3. Any payment under this coverage shall be reduced by any amount paid under the Auto Liability coverage of this policy. 4. The insured may recover for bodily injury under the Auto Liability coverage or the Underinsured Motorists coverage of this policy, but not under both coverages. 5. No payment will be made until the limits of all other auto liability Insurance and bonds that apply have been exhausted by payments. 6. An insured who recovers damages for an uninsured motorists claim cannot recover damages for an underinsured motorists claim for the same accident. OTHER INSURANCE If there is other insurance: 1. For bodily injury suffered by an insured while occupying a motor vehicle you do not own, we will pay the insured loss not covered by other Insurance. 2. Except as stated above, if there is other Insurance similar to this coverage under any other policy, we will be liable for only our share of the loss. Our share is our proportion of the total Insurance limits for the loss. 3. If more than one policy applies, the total limits applicable will be considered not to exceed the highest limit amount of any one of them. 4. When the Declarations show you have elected 'Underinsured Motorists--Bodily Injury Stacked" coverage, the total limits applicable will be considered not to exceed the highest limit amount of any one of them for an insured other than you or a relative. DUPLICATE PAYMENT We will make no duplicate payment to or for any insured for the same element of loss. Assignability No interest in this coverage can be transferred without our written consent. However, if the policyholder dies, this coverage will continue in force for the rest of the policy period. It will apply to the following having proper custody of your auto: 1. your relatives; 2. your heirs; 3. an appointed legal representative; or 4. anyone else using your auto with the express permission of the legal representative. U14 General Policy Conditions We, you, and anyone insured by this policy are bound by and must comply with all the terms, conditions and obligations of the policy. The following are policy conditions: i. INSURED PERSONS' DUTIES AFTER AN ACCIDENT OR LOSS The insured will: a) give us or our agent prompt notice of all losses and provide written proof of claim If required. b) notify the police of all theft losses as soon as practicable. c) promptly deliver to us all papers dealing with any claims or suits. d) submit to examinations under oath as often as reasonably requested by us. e) assist us and, if applicable, the defense counsel chosen for you by us, with any claim or suit. f) if Injured, submit to examinations by company-selected physicians as often as the company reasonably requires. The Injured person must grant us authority, at our request, to obtain copies of all wage and medical, dental or other health care provider records. g) protect damaged property insured under this policy and make it available to us for inspection before its repair or disposal and reinspection during the repair process. h) provide all records and documents we reasonably request and permit us to make copies. 1) comply with and be bound by the terms, conditions and obligations of the policy. HOW YOUR POLICY MAY BE CHANGED a) Any terms of this policy which may be In conflict with statutes of the state in which the policy is issued are hereby amended to conform. b) Any insured will automatically have the benefit of any extension or broadening of coverage in this policy, as of the effective date of the change, provided it does not require more premium. c) No other changes may be made in the terms of this policy except by endorsement or policy revision. d) The premium for each coverage is based on information in our possession. Any change or correction in this information will allow us to make an adjustment of the premium as of the date the change is effective. e) The policyholder has a duty to notify us as soon as possible of any change which may affect the premium or the risk under this policy. This includes, but is not limited to, changes in: (1) the principal garaging address of the insured vehicle(s), which must be reported to us within 30 days of the date the address change becomes effective; (2) drivers; (3) use of the insured vehicle(s); or (4) desired coverages, deductibles, or limits. 3. OPTIONAL PAYMENT OF PREMIUM IN INSTALLMENTS The policyholder may pay the premium for this policy in Installments, under terms and conditions approved where required by the Insurance Department. For each separate Installment payment there is an installment service charge. Your agent can provide more information. 4. RENEWAL/NON-RENEWAL This policy is written for a six-month policy period. We will renew it for successive policy periods, subject to the following conditions: a) Renewal will be in accordance with policy forms, rules, rates and rating plans In use by us at the time. G1 General Policy Conditions b) Prior to the expiration date of a policy term for which premium has been paid, we will mall a notice to the policyholder for the premium required to renew or maintain the policy in effect. We will mail this notice to the address last known to us. c) All premiums, premium installment payments, and fees must be paid when due, whether payable directly to us or through any premium finance plan. d) At the end of each 12-month period after the first effective date of the policy or any coverage, we will have the right to refuse to renew any coverage or the entire policy. If we elect not to renew, we will mail notice to the policyholder 60 days in advance of the date when coverage will terminate. Such mailing to the last known address will be considered proof of notice. 5. CANCELLATION DURING POLICY PERIOD The policyholder may cancel this policy or any of its coverages by mailing notice to us of the future date of cancellation desired. Premium refund, if any due will be made as soon as practicable after the date of cancellation. We will calculate any returned premium according to the rules, rates, fees and forms in effect and on file if required, for our use in your state. If this policy or any coverage has been in effect less than 60 days, we have unlimited right of cancellation. We may cancel by mailing notice to the policyholder 15 days in advance of termination. After any coverage of this policy has been in force 60 days, our right to cancel such coverage during the policy period Is limited. We may cancel during an annual policy period: a) if premiums, premium installment payments, or fees are not paid when due, whether payable directly to us or through any premium finance plan. b) If the driver's license or motor vehicle registration of any named insured has been suspended or revoked during the policy period; c) if it is determined that any insured has concealed a material fact, has made a material allegation contrary to fact, or has made a misrepresentation of a material fact and that such concealment, allegation or misrepresentation was material to the acceptance of the risk by us. We must mail notice to the policyholder: a) 15 days in advance of termination for nonpayment of premium. b) 15 days in advance of termination for loss of license or of motor vehicle registration. c) 60 days in advance of termination for concealment or misrepresentation. In any case of cancellation by us, our mailing of notice to the policyholder's last known address or delivery of it to the policyholder will constitute proof of notice. We will retain premium for days covered during the policy period. Premium refund, if any due, will be made as soon as practicable. Mailing or delivery of our check will constitute tender of refund. 6. DIVIDENDS The policyholder is entitled to any dividends which are declared by the Board of Directors and are applicable to coverages in this policy. 7. IF YOU BECOME BANKRUPT Bankruptcy or insolvency of any insured will not relieve us of any obligation under the terms of this policy. 8. UNAUTHORIZED USE OF OTHER MOTOR VEHICLES Protection in this policy does not apply to other motor vehicles which any insured: a) uses without a reasonable belief that the insured is entitled to do so. b) has stolen. c) knows to have been stolen. G2 General Policy Conditions s. FRAUD AND MISREPRESENTATION a) THIS POLICY WAS ISSUED IN RELIANCE ON THE INFORMATION YOU PROVIDED AT THE TIME OF YOUR APPLICATION FOR INSURANCE COVERAGE. WHEN THIS POLICY HAS BEEN IN EFFECT LESS THAN 60 DAYS, WE MAY RESCIND COVERAGE UNDER THIS POLICY, DENY COVERAGE UNDER THIS POLICY, OR, AT OUR ELECTION, ASSERT ANY OTHER REMEDY AVAILABLE UNDER APPLICABLE LAW, IF YOU OR ANY INSURED PERSON SEEKING COVERAGE UNDER THIS POLICY, KNOWINGLY, OR UNKNOWINGLY CONCEALED, MISREPRESENTED OR OMITTED ANY MATERIAL FACT OR ENGAGED IN FRAUDULENT CONDUCT AT THE TIME THE APPLICATION WAS MADE OR AT ANY TIME DURING THE POLICY PERIOD. b) AFTER THIS POLICY HAS BEEN IN EFFECT 60 DAYS OR MORE, AND IF: (1) YOU OR ANY INSURED PERSON SEEKING COVERAGE UNDER THIS POLICY KNOWINGLY MISREPRESENTED OR OMITTED ANY MATERIAL FACT, AND (2) SUCH MISREPRESENTATION OR OMISSION COULD NOT HAVE REASONABLY BEEN DISCOVERED BY US IN LESS THAN 60 DAYS; AND (3) THE UNDISCLOSED INFORMATION WOULD HAVE PROMPTED US TO REFUSE ACCEPTANCE OF THE RISK; WE MAY RESCIND COVERAGE UNDER THIS POLICY AS TO COVERAGES RELATING TO THE ACTUAL PERPETRATOR OF THE FRAUD OR MISREPRESENTATION, OR, AT OUR ELECTION, ASSERT ANY OTHER REMEDY AVAILABLE UNDER APPLICABLE LAW. 1 o. LEGAL ACTION LIMITATIONS No legal action may be brought against the company concerning any of the coverages provided In this policy until the insured has fully compiled with all terms of the policy. Under the liability coverages of this policy, no legal action may be brought against the company until judgment against the insured has been finally determined aftertrial. This policy does not give anyone the right to make us a party to any action to determine the liability of an insured. 11. SUBROGATION We have the right of subrogation under the: a) Physical Damage; b) Auto Liability; c) Medical Payments; d) Uninsured Motorists; and e) Underinsured Motorists; coverages in this policy and its endorsements. This means that after paying a loss to you or others under this policy, we will have the insured's right to sue for or otherwise recover such loss from anyone else who may be liable. Also, we may require reimbursement from the insured out of any settlement or judgment that duplicates our payments. These provisions will be applied In accordance with state law. Any insured will sign such papers, and do whatever else is necessary, to transfer these rights to us, and will do nothing to prejudice them. If payment of a claim under Uninsured Motorists coverage arises out of the Insolvency of an insurer, we will have right of recovery against the insurer or its receiver, but not its insured. We are not entitled to recovery under Uninsured Motorists or Underinsured Motorists coverage until the insured has been fully compensated for damages. 12. NON-SUFFICIENT FUNDS The company reserves the right to Impose a fee for any premium payment that is unable to be processed due to non-sufficient funds, or I there are non-sufficient funds in an account that is being utilized for electronic funds transfer (EFT) payments. This Is under the terms and conditions approved where required by the Department of Insurance. G3 General Policy Conditions 13. UNLICENSED DRIVERS Protection under this policy does not apply to the use of any motor vehicle when operated by an individual without a current valid operator's license. MUTUAL POLICY CONDITIONS (Applicable only to policies issued by Nationwide Mutual Insurance Company--Nationwide Mutual Fire Insurance Company.) If this policy is issued by Nationwide Mutual Insurance Company or Nationwide Mutual Fire Insurance Company, the policyholder is a member of the company issuing the policy while this or any other policy issued by one of these two companies is in force. While a member, the policyholder is entitled to one vote only--regardless of the number of policies issued to the policyholder--either in person or by proxy at meetings of members of said company. The annual meeting of members of Nationwide Mutual Insurance Company will be held at the Home Office at Columbus, Ohio, at 10 a.m. on the first Thursday of April. The annual meeting of members of Nationwide Mutual Fire Insurance Company will be held at the Home Office at Columbus, Ohio, at 9:30 a.m. on the first Thursday of April. If the Board of Directors of either of the above companies should elect to change the time or place of meeting, that company will mail notice of the change to the policyholder at the address last known to it. The company will mail this notice at least 10 days in advance of the meeting date. This policy is non-assessable, meaning that the policyholder is not subject to any assessment beyond the premiums the above companies require for each policy term. IN WITNESS WHEREOF: Nationwide Mutual Insurance Company, Nationwide Mutual Fire Insurance Company, Nationwide Property and Casualty Insurance Company, Nationwide General Insurance Company, or Nationwide Insurance Company of America, whichever is the Issuing company as shown in the Declarations, has caused this policy to be signed by its President and Secretary, and countersigned as may be required by a duly authorized representative of the company Akii4wA-4A Secretary President Nationwide General Insurance Company Nationwide Mutual Insurance Company Nationwide Mutual Fire Insurance Company Nationwide Property and Casualty Insurance Company Jur,? o. ?0? Secretary Nationwide Insurance Company of America Nationwide Mutual Insurance Company Nationwide Mutual Fire Insurance Company _IcgtA?? President Nationwide General Insurance Company Nationwide Property and Casualty Insurance Company 1?I . LsiCir! President Nationwide Insurance Company of America Nationwide Insurance Companies/Home Office: Columbus, Ohio 43215-2220 Nationwide Mutual Insurance Company a Nationwide Mutual Fire Insurance Company Nationwide Property and Casualty Insurance Company a Nationwide General Insurance Company Nationwide Insurance Company of America G4 Endorsement 3272 Limited Tort Option Election (Pennsylvania) Please attach this important addition to your auto policy. ADDITIONAL DEFINITIONS APPLICABLE TO THIS ENDORSEMENT "NAMED INSURED" means an individual Identified by name as an insured in a policy of private passenger motor vehicle insurance. "PRIVATE PASSENGER MOTOR VEHICLE" means a four-wheel motor vehicle, except recreational vehicles not intended for highway use, which is Insured by a natural person and: (1) is a private passenger auto neither used as a public or livery conveyance nor rented to others; or (2) has a gross weight not exceeding 9,000 pounds and is not principally used for commercial purposes other than farming. The term does not include any motor vehicle insured exclusively under a policy covering garage, automobile sales agency repair shop, service station or public parking place operation hazards. "SERIOUS INJURY" means a personal Injury resulting In death, serious impairment of body function or permanent serious disfigurement. ELECTION AGREEMENT A named insured has elected to limit the right to seek financial compensation for injuries caused by other drivers as follows: LIMITED TORT Any named insured and relative is limited from seeking recovery for non-economic loss resulting from an accident involving the operation, maintenance or use of a motor vehicle as a motor vehicle. This tort limitation applies to a named insured for all policies issued by us to such named insured, even if not so endorsed. It continues on all renewal, replacement and any other policies under which a named insured is listed as a named insured, until we or our agent receive a properly executed form electing another tort option. The tort limitation applies to a relative unless such relative is: 1) a named insured on another policy under which the relative has not elected a tort limitation; or 2) Is an insured under more than one private passenger motor vehicle policy and the policies have conflicting tort options; in which case the relative is bound by the tort option of the policy insuring the motor vehicle the relative is occupying at the time of an accident. EXCEPTIONS A named insured or relative remains eligible to seek non-economic loss I the sustained injury: is a serious injury. 2. results as the consequence of the fault of another person who: a. is convicted, or accepts Accelerated Rehabilitative Disposition (ARD) for driving under the influence of alcohol or a controlled substance in an accident; b. is operating a motor vehicle registered in another state; V-3272 Page 1 of 2 c. intends to injure himself or another person, provided that an individual does not intentionally injure himself or another person merely because his act or failure to act is intentional or done with his realization that it creates a grave risk of causing injury or the act or omission causing the injury is for the purpose of averting bodily harm to himself or another person; or d. has not maintained financial responsibility as required by the Pennsylvania Motor Vehicle Financial Responsibility Law. However, this exception, (2) (d), shall not affect an insured's limitation to recover non-economic loss under any Uninsured or Underinsured Motorists Coverages provided by this or any other policy. 3. is the basis for a claim against a person in the business of designing, manufacturing, repairing, servicing or otherwise maintaining motor vehicles arising out of a defect in such motor vehicle which is caused by or not corrected by an act or omission in the course of such business, other than a defect in a motor vehicle which is operated by such business. 4. occurs while occupying a motor vehicle other than a private passenger motor vehicle COMPLIANCE The intent of this endorsement is to comply with the Pennsylvania Motor Vehicle Financial Responsibility Law regarding the election of the "limited tort" option. Nothing herein is intended to nor is to be construed to broaden the limitations prescribed in the law and applicable to named insureds and relatives covered by this policy and this endorsement. This endorsement applies as stated In the policy Declarations. This endorsement is issued by the company shown in the Declarations as the issuing company. NATIONWIDE INSURANCE COMPANIES Home Office: Columbus, Ohio 43215-2220 Page 2 of 2 V-3272 . r Endorsement 3329 Amendatory Endorsement Please Attach this Important addition to your auto policy. It Is agreed this policy Is amended as follows: PHYSICAL DAMAGE (damage to your auto) ADDITIONAL DEFINITIONS APPLICABLE TO THESE COVERAGES Item 2. Is replaced to read: 2. "EQUIPMENT" means anything usual and Incidental to the use of amotor vehicle as a motor vehicle. Equipment does not include customization or any type of trailer. The following definition Is added: 3. "CUSTOMIZATION" means devices, accessories, enhancements, .and changes, other than those offered by the manufacturer of the motor vehicle specifically for that model, which alter the appearance, performance or function of a motor vehicle. This Includes custom refinish, decals, and graphics. COVERAGE EXCLUSIONS We will not pay for loss: To Customization, other than original equipment from the manufacturer, in or upon your motor vehicle. However, this exclusion does not apply up to the first $1,500 of Customization. LIMITS AND CONDITIONS OF PAYMENT ACTUAL CASH VALUE The following sentence Is added: The limit of coverage shall not be increased for Customization unless such Customization has been specifically declared to us and an additional charge is paid. This endorsement applies as stated In the policy Declarations. This endorsement is Issued by the company shown In the Declarations as the issuing company. NATIONWIDE INSURANCE COMPANIES One Nationwide Plaza Columbus, OH 43215-2220 Hearing or Voice Impaired: 1-800.622-2421 (TTY only) nationwide.com V-3329 0 N • II08-016879 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 503 CAMP HELL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 M %I ill ATTORNEY FOR DEFENDANT, NATIONWIDE MUTUAL INSURANCE COMPANY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Adam Lee and Jasminka Lee, Plaintiffs vs. Nationwide Mutual Insurance Company, Defendant No.: 08-5317 Civil Term Y TRIAL DEMANDED VERIFICATION I, Susan Thundu Luquis, a Representative of Nationwide Mutual Insurance Company, verify that the statements made in the foregoing Answer of Defendant to Plaintiffs' Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of Pa.C.S.A. §4904, relating to unworn falsification to authorities. I Dated: Lo? 10?0615 On. v Susan Thundu Luquis, Rep esen ative of Defendant, Nationwide Mutual Insurance Company 08-016879 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANT, NATIONWIDE MUTUAL INSURANCE COMPANY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Adam Lee and Jasminka Lee, r ase No.: 08-5317 Civil Term Plaintiffs vs. Nationwide Mutual Insurance Company, URY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE JoAnne E. Kinzel, Esquire, hereby certifies that she is the attorney for the Defendant herein, and that she caused a true and correct copy of the attached Answer of Defendant to Plaintiffs' Complaint to be served by regular first class mail upon: Anthony T. McBeth, Esquire 407 North Front Street Cameron Mansion Harrisburg, PA 17101 Date: October 9, 2008 /'Jone E. Kinzel, Esquire Attorney for Defendant f { .., P.. > ,. .. ?,_i _... ?' ......? ..t AJ - ",V! C__} :,. ;' r %.?i ? t -*% Anthony T. McBeth, Esq. 407 North Front St., First Floor Harrisburg, PA 17101 (717) 238-3686 Attorney for Plaintiffs ADAM LEE and JASMINKA LEE, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NATIONWIDE MUTUAL INSURANCE COMPANY, Defendant NO. 08-5317 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER 20. Denied. On the contrary, Mr. Lee requested full coverage, knowing that he needed full coverage because the lender who financed the purchase of the 1995 Audi (Pennsylvania State Employees Credit Union) required full coverage, including collision and comprehensive coverage. WHEREFORE, Plaintiffs request this Honorable Court to dismiss Defendant's New Matter, enter judgment for Plaintiffs and against Defendant as requested in Plaintiffs' Complaint, and provide any other relief the Court dee appropriate. A (& A?j Date A ony T. McB , sq. Attorney for Plai tiffs 407 North Front , First Floor Harrisburg, PA 17101 (717) 238-3686 Supreme Court I.D. # 53729 VERIFICATION I, Anthony T. McBeth, am attorney for the Plaintiffs in the captioned action. I am verifying the attached document for the Plaintiffs in that the Plaintiffs' verification cannot be obtained by the time this Answer to New Matter needs to be filed. I verify that the facts set forth in the attached document are true and correct to the best of my knowledge, information and belief. I so state subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities). ("O'Ju k Da e C r rf- . , F; ? (? '` ? _ x 57 08-016879 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Adam Lee and Jasminka Lee, Case No.: 08-5317 Civil Term Plaintiffs VS. Nationwide Mutual Insurance Company, URY TRIAL DEMANDED Defendant PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the above-captioned case settled, discontinued and ended. Date: 1AA '. (? I By: Cameron Mansion Harrisburg, PA 17101 Attorney for Plaintiffs- Court I.D. 08-016879 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 600 CAMP HELL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANT, NATIONWIDE MUTUAL INSURANCE COMPANY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA I Adam Lee and Jasminka Lee, Plaintiffs No.: 08-5317 Civil Term VS. I Nationwide Mutual Insurance Company, TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE JoAnne E. Kinzel, Esquire, hereby certifies that she is the attorney for the Defendant herein, and that she caused a true and correct copy of the attached Praecipe to Settle, Discontinue and End to be served by regular first class mail upon: Anthony T. McBeth, Esquire 407 North Front Street Cameron Mansion Harrisburg, PA 17101 Date: February 10, 2009 " JoAnne E Kinzel, Esquire Attorney or Defendant C C= ? x e F3 5 M - .